Germany seeks amicable divorce deal

Germany will next week present to EU justice and interior ministers proposals to improve the application of divorce law for nationals of one member states living in another.

The informal meeting in Dresden (14-16 January) will also discuss proposals to allow the exchange of data among police forces and discuss proposals to set up a group made up of ministers from presidencies between 2006 and 2009 and Franco Frattini, the commissioner for justice, freedom and security, to assess the need for more EU legislation in justice and home affairs.

The group would "submit specific proposals as to areas where we need more co-operation at EU level, areas where action on the national level is sufficient, and areas where we can improve and simplify European regulations", according to a discussion paper.

Germany has said it wants to incorporate into EU law a treaty on data exchange it agreed outside the EU framework with Belgium, Spain, France, Luxembourg, the Netherlands and Austria. The Treaty of Prüm would allow DNA, fingerprints and vehicle registration numbers to be exchanged between member states’ police forces.

But unlike proposals which go through the EU institutions, the content of the agreement will not be up for discussion and Germany has said it will use a mechanism known as ‘enhanced co-operation’ to force the treaty through should it encounter opposition in the Council of Ministers. The mechanism, which has never been used before, allows a minimum of eight states to move forward on a proposal. While seven member states have adopted it, four others have signalled their interest. Given the advantage that the proposal would give interior ministries in tracking criminals, no major states are expected to oppose the proposal, with even the UK signalling its support.

The proposal on divorce could be trickier because it would involve courts of one member state applying the law of another state in cases where spouses are of different nationalities. For countries such as Germany, where 15% of divorces each year involve couples of different nationalities, the proposal would allow couples to choose which law to apply to their case.

But for some states the proposal would mean applying laws in their courts which are very different to their own laws. Ireland has used its opt-out to avoid applying quick divorces in its courts. Irish law requires a five-year separation period. Malta will ask the Council of Ministers for an opt-out because it does not permit divorce and there are fears that in the future cases could be brought to force Maltese courts to apply foreign divorces.

The UK has also opted out of the proposal on grounds that it would lengthen and complicate cases and increase costs for the state and applicants. Other states such as Poland are likely to give an initial green light to the proposal despite some misgivings about how it might undermine their own law.

Migration will also be on the agenda in Dresden with ministers to focus on European co-operation in border management, strengthening Frontex, the border agency, and agreeing bilateral partnerships with third countries for re-admission agreements and voluntary labour quotas.

German Justice Minister Brigitte Zypries is also likely to flag up a proposal to re-introduce an EU plan for minimum sentences for stirring up racial hatred and denial of acts of genocide, such as the Holocaust.

Germany will next week present to EU justice and interior ministers proposals to improve the application of divorce law for nationals of one member states living in another.